Five year legislative review

What is the current position?

Procedural fairness is required throughout the complaints assessment, investigation and reporting process.

Currently police officers are served with a formal notice of the allegations outlined in a complaint as soon as practicable after a complaint has been accepted.

There are occasions, however, where the requirement to give a written notice does not apply, for example, when giving notice might prejudice an investigation, in particular, a criminal investigation.

Currently when the Police Ombudsman produces a formal ‘Public Statement’, those subject to criticism (whether express or implied) are given an opportunity to comment and any response is considered and reflected in the final report (this is known as ‘Maxwellisation’ – sometimes referred to as the Representation Process).

What we propose

We believe legislation should formalise the process by which the Police Ombudsman provides any identifiable individual who is subject to express or implied criticism in a public report with a clear and reasonable opportunity to make representations before publication.

Why is it important?

Legislating for a duty on the Ombudsman to give an individual the opportunity to respond to criticisms safeguards natural justice. This would strengthen confidence in the Police Ombudsman’s work.

This approach would formalise procedural fairness and align with the ‘Representation Process’ applied in public inquiries, ensuring transparency and accountability.

The Courts have affirmed the need for fairness in the production of public reports, and formalising this process in legislation would provide clarity and consistency.